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SOUTHWICK v. MASSACHUSETTS TURNPIKE AUTHORITY

339 Mass. 666 (1959)

162 N.E.2d 271

THOMAS E. SOUTHWICK vs. MASSACHUSETTS TURNPIKE AUTHORITY.

Supreme Judicial Court of Massachusetts, Worcester.

November 4, 1959.

Attorney(s) appearing for the Case

John J. O'Connell, for the petitioner.

Edward P. Healy, for the respondent.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

On January 27, 1955, and on July 12, 1956, by two takings, the respondent (the authority) took by eminent domain in the aggregate 1.37 acres of the petitioner's large1 tract of land in Sturbridge. There were on the land at the time of the takings a dam three hundred fifty feet long, made of earth reinforced with stones, and a spillway "in fair condition."

The dam had formerly been used to hold back a pond, covering about...

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